The Court of Justice, in its judgment published on December 19th, 2012, dismissed the European Commission’s appeal against the order of the General Court in Case T-320/09, by which that Court had dismissed the plea of inadmissibility raised by the Commission against an application lodged by Planet AE.

Planet’s application had sought annulment of the decisions of the European Anti-Fraud Office (OLAF) requesting Planet’s registration in the early warning system (‘EWS’). The defense of the abovementioned case, as well as of the present appeal, had been entrusted to Christianos and Partners Law Firm.

The Court dismissed all eight grounds of appeal brought forward by the Commission (misinterpretation of Commission Decision 2008/969 regarding the EWS, absence of any distinct change in the legal situation of Planet as a result of the warnings in question, indirect effect of those warnings on Planet, failure of the General Court to state grounds, confusion of legal remedies, breach of freedom of contract and the principle of consent, erroneous classification of the warnings as decisions without stating any reasons and subordination of the admissibility of the action to the merits of the action).

The Court stressed, in particular, that the General Court had not erred in law, that it did specify in what way Planet was placed at a disadvantage by its registration in the EWS, that the reasoning followed by the General Court in the order under appeal was clear and comprehensible and that the General Court did not make a partial assessment of the contested measures.

Taking into account all the arguments put forward by the parties, the Court dismissed the appeal and ordered the Commission to bear the costs of the procedure.